ANGELA ANN LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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GRIFFIN, Judge.
This is an appeal from a guideline departure sentence. With one exception, the reasons given for departure were based on probation violations and are invalid. Lambert v. State, 545 So. 2d 838 (Fla.1989); Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989). The trial court also based departure on a “continuous and persistent and escalating pattern of criminal conduct” consisting of the commission of sale of cocaine offenses twice in a seven month period. This conduct does not constitute the escalating or persistent pattern of criminal conduct adequate to form a basis for departure. Maddox v. State, 553 So. 2d 1380, 1382 (Fla. 5th DCA 1989). Accordingly, the defendant’s sentence in Case No. 88-8113 is vacated and the cause remanded for resentencing within the guidelines. The defendant’s sentence in Case No. 88-1847 is affirmed because it does not depart from the sentencing guidelines.
Sentence AFFIRMED in part VACATED in part; case REMANDED for resentencing consistent with this opinion.
COBB and PETERSON, JJ., concur.
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Ramsey v. State, 562 So. 2d 394 (Fla. 5th DCA 1990)…nder section 921.001(8), Florida Statutes, which defines that term to mean “a progression from nonviolent to violent crimes or a progression of increasingly violent crimes.” 6 See State v. Simpson, 554 So. 2d 506 (Fla.1989). See also Lewis v. State, 558 So. 2d 170 (Fla. 5th DCA 1990); Johnson v. State, 558 So. 2d 1051 (Fla. 2d DCA 1990); Jackson v. State, 556 So. 2d 813 (Fla. 5th DCA 1990); Maddox v. State, 553 So. 2d 1380 (Fla. 5th DCA 1989). The other reasons given are based on the defendant’s violation of…
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Bergling v. State, 571 So. 2d 12 (Fla. 2d DCA 1990)…the guidelines when sentencing him. All of the reasons given by the trial court to support an upward departure from the guidelines were either invalid, or not supported by the record. Nodal v. State, 524 So. 2d 476 (Fla.2d DCA 1988); Lewis v. State, 558 So. 2d 170 (Fla. 5th DCA 1990). See also State v. Simpson, 554 So. 2d 506 (Fla.1989). We, therefore, affirm the convictions, but reverse the sentences and remand for resentencing within the guidelines. Shull v. Dugger, 515 So. 2d 748 (Fla.1987). Affirmed i…
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Favors v. State, 564 So. 2d 284 (Fla. 5th DCA 1990)…State, 545 So. 2d 838 (Fla.1989); Franklin v. State, 545 So. 2d 851 (Fla. 1989); Peters v. State, 531 So. 2d 121 (Fla. 1988); Niehenke v. State, 561 So. 2d 1218 (Fla. 5th DCA 1990); Ellis v. State, 559 So. 2d 292 (Fla. 5th DCA 1990); Lewis v. State, 558 So. 2d 170 (Fla. 5th DCA 1990). This appellant is due 209 days credit for previous jail time served. Davis v. State, 543 So. 2d 437 (Fla. 2d DCA 1989); Kirkman v. Wainwright, 465 So. 2d 1262 (Fla. 5th DCA 1985). SENTENCE VACATED, REMANDED. DANIEL, C.J.,…
Authorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- Maddox v. State, 553 So. 2d 1380 (Fla. 5th DCA 1989)